UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
June 6, 2009
WELLS FARGO BANK, ET AL
The opinion of the court was delivered by: Honorable Cormac J. Carney, United States District Judge
CIVIL MINUTES - GENERAL
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION AND NOT COMPLYING WITH THE COURT'S ORDER
The Court, on its own motion, hereby ORDERS plaintiff to show cause in writing no later than June 15, 2009 why this action should not be dismissed for lack of prosecution and for not complying with the Court's order dated January 28, 2009 to file an amended complaint. As an alternative to a written response by plaintiff, the Court will consider the filing of one of the following, as an appropriate response to this OSC, on or before the above date:
Plaintiff filing an Amended Complaint
Plaintiff filing a Notice of Voluntary Dismissal (FRCivP 41(a) or (c)
Absent a showing of good cause, an action shall be dismissed if the summons and complaint have not been served upon all defendants within 120 days after the filing of the complaint. Fed. R. Civ. P. 4 (m). The Court may dismiss the action prior to the expiration of such time, however, if plaintiff has not diligently prosecuted the action.
It is plaintiff's responsibility to respond promptly to all Orders and to prosecute the action diligently, including filing proofs of service and stipulations extending time to respond. If necessary, plaintiff must also pursue Rule 55 remedies promptly upon the default of any defendant. All stipulations affecting the progress of the case must be approved by the Court. Local Rule 8.3.
No oral argument of this matter will be heard unless ordered by the Court. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff is due.
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